Trademark transfer is the transaction of a trademark that has been registered and approved by the Trademark Office in the market. The main objects of this project are two parties. One party is the trademark transferor, which is the original registrant of the trademark, and the other party It is the transferee of the trademark and the person who holds ownership after the transfer. The two parties can be acquaintances or strangers, which is equivalent to a transaction of "commodity".

So in the act of trademark transfer, what do the transferor and the transferee need to pay attention to respectively, so that the trademark transfer can proceed smoothly. First, for the transferor, the identity of the transferee must be an enterprise, an individual industrial and commercial household, an individual partnership or other public institutions and social groups. Natural persons who have not obtained business activities in accordance with the law cannot be the transferee of trademark rights. This is One point is crucial.

In a trademark transfer transaction, when paying the fee, you should try to agree that the transfer fee will be divided into two parts. One part will be paid when the contract is signed, and the remaining part will be paid after the trademark approval is announced. This is actually a reasonable choice for both parties to the transfer. The risk of one-time payment is too great, so it is safer to pay separately.

The next step is for the transferee. In fact, for this transaction, the transferee obviously has many points to pay attention to. The transferee cannot sign a contract directly with just the trademark registration certificate. It must also investigate whether the transferor is the trademark registrant and whether the specific information of the trademark has been updated. The information on the corresponding trademark registration certificate and the business license information must be consistent. If they are inconsistent, the trademark transfer application will be rejected.

In addition, you must also understand the status of the trademark, whether the trademark is licensed, pledged for loans, frozen, etc. If the trademark is licensed to others, it must obtain the consent of the prior licensor before it can be transferred, and The transferee should be aware of the existence of this situation. If a trademark is pledged and frozen, the consent of the pledgee or the people's court must be obtained, otherwise the trademark shall not be transferred.

Another point is the one with the highest probability, because when registering a main trademark, there will always be registration of defensive trademarks and other similar trademarks. The registrants of these trademarks should transfer them together, and even if they do not transfer, , the transferee should also be informed of this, and this needs to be clearly stated in the contract, otherwise trademark disputes may occur after the trademark is transferred.

The validity period of the trademark is also one of the key points that the transferee needs to pay attention to. Assuming that the validity period is approaching but has not yet been renewed, the transferor should be urged to renew it, or the renewal fee should be agreed upon. Otherwise, the transferee will have to renew the trademark after obtaining the trademark ownership, which will be disadvantageous to the transferee.

Therefore, both parties to the transfer must understand the matters to be paid attention to during the transfer. Only after both parties maintain a state of integrity can the trademark transfer be carried out smoothly, and the relevant information of the other party must be inquired in advance to ensure a smooth transfer. conduct.